Day v. Waffle House, Inc.
Oklahoma Court of Appeals
743 P.2d 1111 (1987)
- Written by Ross Sewell, JD
Facts
Susan Day (plaintiff) and her friend Freddie Farris (plaintiff) went to Waffle House, Inc. (defendant) for a meal. While eating, Farris found broken glass in the food and began spitting out food, broken glass, and blood. Day asked the Waffle House employees to call for an ambulance. The Waffle House employees told Day that the only telephone was behind locked doors and that they could not call for an ambulance. Day then placed Farris in Day’s automobile, intending to take Farris to the hospital. However, on the way to the hospital, another automobile collided with Day’s automobile, causing Day and Ferris injury. Day and Ferris sued Waffle House for their injuries under a negligence theory. Day argued that under the uncontroverted facts, Waffle House was negligent as to Ferris as shown by the broken glass in Ferris’s food. Day also argued that Waffle House was liable for Day’s injuries from the automobile accident under the rescue doctrine. The trial court found Waffle House was not negligent as to Day and granted Waffle House’s motion for summary judgment. Day appealed.
Rule of Law
Issue
Holding and Reasoning (Bailey, J.)
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